Specialised Services

Terms & Conditions

Just to make sure we on the same page

GENERAL

This policy, including its terms and conditions, (referred to as “Specialised Services Policy or “Services Policy”) are an addition to the General Terms and Conditions (referred to as “General Terms and Conditions”) for this website, and should be read in conjunction with such terms.

This Specialised Services Policy applies to all customers, mentees, prospects, visitors and/or users of the site, including without limitation people who are browsers, vendors, customers, affiliates, merchants, partners and/or contributors that have purchased any free or paid for specialised and/or custom services and/or package/s (referred to as “Services” or “Specialised Services”).

These Specialised Services are covered under Services in our General Terms & Conditions with all terms and conditions related to that in that policy.

In the event that any terms and conditions specified in this policy conflicts with any specified within the General Terms and Conditions, then the terms within this policy will take precedence.

INTRODUCTION

By purchasing/acquiring any free or paid for Specialized Services, you automatically agree to be bound by the following terms and conditions of this Specialized Services Policy as well as the General Terms and Conditions, including those additional terms and conditions, and policies referenced herein and/or available by hyperlink.

If you do not agree to all the terms in the Specialised Services Policy, then you may not access any Specialised Services and should not purchase or acquire any free or paid for Specialised Services.  If you have purchased any Specialised Services and/or registered on our site, you have automatically agreed to the terms and conditions of this Specialised Services Policy and our General Terms and Conditions.

You can review the most current version of the Specialised Services Policy at any time on this page.

We reserve the right to update, change or replace any part of the Specialised Services Policy by posting updates and/or changes to our website.

It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Website and/or Services following the posting of any changes constitutes acceptance of those changes.

You will receive Specialised Services from your assigned mentor/consultant as per the Specialised Services package you select as listed on your invoice.

All Specialised Services are paid for upfront in full, unless otherwise expressly agreed in writing.

You and your mentor/consultant agree to devote your time (individually and collectively) as required in this Specialised Services Policy and as per the time required as part of the Specialised Service/s you are purchasing.

Both parties agree to act in a professional, honest, and ethical manner at all times.

Both parties agree that they are entering into this agreement of their own free will, with full understanding of the terms of this Specialised Services Policy and the Specialised Service/s (including related project deliverables) being rendered.

You voluntary associate yourself with Upstart Entrepreneurs for any of our Specialised Services upon purchasing any Specialised Service/s.

SECTION 1 – SPECIALISED SERVICES

The scope of the analysis, setup, configuration, modification, testing, review and/or management in terms of your goals and expectations will be set via a discovery session with your mentor/consultant prior to being invoiced and will be backed up in writing with an email listing the project deliverables as part of the Specialised Service/s you are purchasing.

The discovery session may be virtual via a platform of the mentor/consultant’s choosing, or in-person at the discretion of the mentor/consultant and will be recorded as per our General Terms & Conditions.

Project deliverables may change as the project progresses, as your goals, requirements or expectations change, however such changes need to be in writing and agreed by both parties, and any changes that do or could potentially incur an additional cost for Upstart Entrepreneur and/or the mentor/consultant will be billed for separately.

You confirm that you understand what is included in the Specialised Service/s you have selected prior to paying for it and agree to the project deliverables sent to you prior to commencing the project.

You understand that if you disagree with, and/or have any queries with any of the project deliverables sent to you via email, you will have 72-hours from the date/time you receive them, to raise your concern or disagreement with your assigned mentor/consultant in writing via email prior to making payment for the Specialised Service/s.

Your payment in part or in full of any/all Specialised Service/s will be considered as your full understanding and final acceptance of the project deliverables sent to you.

In the event that you have already paid for the Specialised Service/s, and it is within the 72-hour window provided from the date/time you received the project deliverables via email, you may choose to raise your concern or disagreement and request an adjustment, and/or request a refund for the amount paid for that/those Specialised Service/s.

Any adjustments to project deliverables may affect the cost of the Specialised Service/s and is at the discretion of the mentor/consultant assigned to you.  In the event of a price change, you will be required to accept such prior to such changes being implemented.  Payment for the project deliverables or payment for any changes to the project deliverables are considered full and final acceptance on the project deliverables.

You understand that your mentor/consultant is there to advise and guide you, and to deliver the project only as per the project deliverables provided to you prior to starting the project and is not an employee of you or your company.

You understand that your assigned mentor/consultant is sharing his/her skills, expertise, and knowledge to the best of his/her ability and offers no guarantees or warrantees whatsoever, and accepts no liability as per the liability clauses in this policy and as stated in our General Terms & Conditions.

You understand that you have the right to accept or reject any advice or recommendations given at your sole discretion, and the choice to implement any advice, recommendations, resources, documentation, information, tips, and/or guidance is at your discretion, and you understand that your decisions will impact any results and you accept full responsibility for the impact that may have on your results and/or the project.

You understand that you are required to be prepared for the implementation of the project deliverables associated with the Specialised Service/s you are purchasing or have purchased with any information, documents, graphics, content, products, reviews, materials, communications, etc that your mentor/consultant may require, in the format and/or sizes and/or quality he/she requires or has requested from you, in order to effectively deliver the Specialised Service/s to you, as per the project deliverables.

Your mentor/consultant will send you requests for information, documentation, graphics, content, products, reviews, materials, communications, databases, files etc via email and/or messaging as such information is required, and you accept that it is not your mentor/consultant’s responsibility to try acquire, extrapolate, consolidate, revise, amend, adjust, edit, etc such information from any website or other information source and/or platform.

We do not accept any responsibility of any kind as a result of you being unprepared and/or being unable to obtain the information, documentation, graphics, content, products, reviews, materials, communications, databases, files etc that your mentor/consultant may require.

You understand that as with any project, you will be required to provide your time and input to, but not limited to, addressing any queries, attending meetings, reviewing deliverables implemented, testing functionality, drafting change requests, and/or obtaining any information, documentation, graphics, content, products, reviews, materials, communications, databases, files etc that may have been requested by your mentor/consultant.  You have the option to delegate such task/s to someone within your employ or a third party should you so choose.

You understand that it is not the responsibility of your mentor/consultant to do any work outside the scope of the project deliverables and/or agreed deliverables in writing thereafter.  Any work done by your mentor/consultant outside the scope of the project deliverables as a “favour” cannot and will not be seen as an extension or amendment to the documented project deliverables or as acknowledgement or the start of another Service or Specialised Service.

Any work done by your mentor/consultant outside the scope of the project deliverables, not quoted and accepted by you, will not be billed to you and can be considered a “free” service or excluded from the project, at the mentor/consultant’s discretion, subject to the project having been paid in full and that there is no outstanding amount on the project.  Your mentor/consultant reserves the right, at their discretion, to bill you for these additional services at standard rates in the event that the project has not been paid as per the agreement with your mentor/consultant on or by the due date, and you accept full risk, liability and responsibly for this.

You understand that whilst a timeline is provided as a baseline in which to complete any of our specialised services, that it is not fixed or guaranteed, and depends on too many variable factors, such as but not limited to your time and ability to provide, review and approve the necessary information, resources, access, documents, graphics, copy, reviews, products, databases, etc that is require within a timely manner.

You understand that any monthly or once-off costs related to hosting, services, marketing, branding, testing, applications, transaction fees, or any other 3rd party fees, etc that may be required and/or requested by you, will be for your cost alone and payable directly by you to that service provider and/or supplier (unless otherwise agreed in writing), and that no such costs can be claimed from Upstart Entrepreneur, and that Upstart Entrepreneur in no way or form provides any guarantee/s against the performance, reliability, costs and/or results of such.

In order for you mentor/consultant to effectively deliver against the project deliverables provided to you prior to starting the project, you will be required to provide full access to the systems, platforms, databases, files etc requested by your mentor/consultant in order to deliver against the project deliverables.  Failure to provide such access, or restrict access in any way, automatically removes any deliverables associated with such access from the project deliverables, and the responsibility then falls to you to implement that deliverable yourself or outsource it to a 3rd party.  No discount and/or refund will be provided in part or in full for that aspect of the deliverables.

During the implementation of the project deliverables and upon completion of the project deliverables, you will be required to test and review such.  Any change requests should be sent in detail via email and will be reviewed by your mentor/consultant and added to the project status report.

Any change requests or feature requests outside the scope of the project deliverables, will be quoted for separately, and if not accepted, excluded from the deliverables.

Failure to complete a review of any project deliverable within 72hrs of your mentor/consultant requesting such or after transfer of ownership, will be considered as your full and final acceptance of the successful implementation of the project deliverables.

Removing your mentor/consultant’s access to a system and/or platform at any time during or after the project and/or support period, will be considered as your full and final acceptance of the successful delivery of the project deliverables associated with that system and/or platform, and termination of any on-going support.

Upstart Entrepreneur offers by default a 2 (two) weeks post setup and implementation support (unless otherwise stated in the project deliverables) for selected Specialised Services, on any core functional issues that may occur and commit to resolving such issues.  In the event that any functional issues occurring as a result of changes and/or modifications and/or additions by you or any third party assigned by you, Upstart Entrepreneur reserves the right to either quote on fixing those issues or exclude support for such issues, at their discretion.

Removing your mentor/consultant’s access to a system and/or platform will also terminate any support you may be entitled to (as per the project deliverables), and you understand that by removing such access you are voluntarily terminating the support and have no claim to support in the future.

The Specialised Service/s you are purchasing or have purchased as listed on your invoice, excludes any other Specialised Service/s in any other section/s, unless expressly listed in writing in the project deliverables, and you confirm that you have no claim on additional services not listed in the project deliverables provided to you before commencement of the project.  Any additional Specialised Service/s you require will be quoted and billed for separately.

SECTION 2 – WEBSITE / ECOMMERCE / FUNNELS / ELEARNING

This Specialised Service includes the configuration and setup of a website, eCommerce store, eLearning platform or funnel on a platform of your choosing (based on our available skillsets) as per the project deliverables emailed to you post the discovery session held with your assigned mentor/consultant.

This Specialised Service also excludes any/all design, drafting, setup, and/or review of any information, graphics, documents, reviews and/or copy etc that may be required for the website, ecommerce store or funnel, and you agree to provide these as required and requested by your mentor/consultant.

You understand that any website, eCommerce store, eLearning platform or funnel designed and setup by us is based on our knowledge, experience, and best practices, and in no way or form do we guarantee any results, and you understand that on-going testing, review, and optimization will need to be done by yourself and/or a 3rd party you outsource your ongoing website, eCommerce store, eLearning platform or funnel management too.

You understand that once ownership of the website, eCommerce Store, eLearning platform or funnel is transferred to you, that such transfer is considered your full and final acceptance of the website, eCommerce store, eLearning platform and/or funnel, and that all deliverables as per the project deliverables sent to you post discovery session held with your assigned mentor/consultant, has been completed satisfactorily in full.

SECTION 3 – FACEBOOK  AD ACCOUNT SETUP

This Specialised Service includes the configuration and setup of your Facebook Business Manager account and related Facebook Ad account, audience/s and/or pixel/s, including the campaign structures, as per the project deliverables emailed to you post the discovery session held with your assigned mentor/consultant.

This Specialised Service excludes the daily, weekly and/or monthly management, monitoring, optimization, improvement and/or reporting of/on any and all Facebook and/or Instagram Ads.

This Specialised Service also excludes any/all conceptualization, design, drafting, setup, review and/or publishing of Facebook and/or Instagram ads, creative (graphics) and/or copy unless otherwise specifically stated in the project deliverables.

In the event that we do agree, in writing as part of the project deliverables, to setup your ads as part of this specialised service, it will specifically exclude any creative and/or copy conceptualisation, design, drafting, review and/or publishing.

You understand that any campaigns structures (campaigns, adsets and/ads ads) implemented by us are based on our knowledge, experience, and best practices, and in no way or form do we guarantee any results, and you understand that on-going testing, review, and optimization will need to be done by yourself and/or a 3rd party you outsource your ongoing digital marketing management too.

You understand that prior to publishing any ads in the structures we setup for you, that you are required to supply and review all budgets, ad creative, copy (text, descriptions, headlines, etc), and links.  Any ad published by you, or where you have given instruction to us to publish on your behalf, will be considered reviewed, and approved by you, and you agree and accept that Upstart Entrepreneur and/or your mentor/consultant accepts no liability in whatever form for any such budgets, ad creative, copy and/or links being inaccurate in any way, or the performance of your ads.

SECTION 4 – FACEBOOK AD MANAGEMENT

This Specialised Service includes the daily, weekly and/or monthly management, monitoring, optimization, improvement and/or reporting of your Facebook Ad account, and related audience/s and/or pixel, including campaign, adsets and ads as per the project deliverables emailed to you post the discovery session held with your assigned mentor/consultant.

This Specialised Service is a monthly subscription service, either based on a fixed cost per month or based on performance at the discretion of your mentor/consultant and requires one (1) calendar month notice for cancellation of such service, unless otherwise agreed in writing.

This Specialised Service excludes any/all conceptualization, design, drafting, setup, review and/or publishing of Facebook and/or Instagram creative (graphics) and/or copy unless otherwise specifically stated in the project deliverables.

You understand that any campaigns structures (campaigns, adsets and/ads ads) implemented by us are based on our knowledge, experience, and best practices, and in no way or form do we guarantee any results, and you understand that on-going testing, review, and optimization will need to be done on a regular basis.

You understand that prior to publishing any ads in the structures we setup for you, that you are required to supply and review all budgets, ad creative, copy (text, descriptions, headlines, etc), and links.  Any ad published by you, or where you have given instruction to us to publish on your behalf, will be considered reviewed, and approved by you, and you agreed that Upstart Entrepreneur and/or your mentor/consultant accepts no liability in whatever form for any such budgets, ad creative, copy and/or links being inaccurate in any way, or the performance of your ads.

SECTION 5 – GRAPHIC DESIGN

This Specialised Service includes the conceptualization and designs of any graphics (images, illustrations, animations and/or video) requested by you, within the bounds of the project deliverables emailed to you post the discovery session with your mentor/consultant.

This Specialised Service is available either as a monthly subscription service or single project service based on a fixed cost either as a once off or per month cost as per the project deliverables.

All graphic design services specifically exclude any/all stock images, stock illustrations, stock animations and/or stock videos, unless otherwise specifically stated in the project deliverables, and you will be required to purchase the license to the required images, illustrations, animations and/or videos directly from the relevant service provider.  In the event that you instruct us to purchase such stock images, illustrations, animations and/or video on your behalf, and it is not included in the project deliverables, then the cost for these will be billed for separately.

Terms relating to any graphic design, such as quantities, formats, sizes, inclusions, exclusions, reviews, etc are listed on a per project basis and clearly outlined in the project deliverables.

SECTION 6 – WARRANTY

Upstart Entrepreneur express no representations or warranties or guarantees, of any kind related to any Specialised Service/s.

We do not guarantee, represent, or warrant that your use of our Specialised Services will be uninterrupted, timely, secure and/or error-free.

We do not warrant or guarantee that the results that may be obtained from the use of the Specialised Services will be accurate and/or reliable and/or meet personal expectations.

We make no guarantees in terms of results for reach, sales, visitors, purchases, leads and/or any other marketing or sales metric you may use to measure you and/or your company and/or the Specialised Service’s performance.

You expressly agree that your use of, or inability to use, the Specialised Service/s is at your sole risk.

All Specialised Services delivered to you through the Service are (except as expressly stated by us in writing) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 7 – DISCLOSURE

You understand that in order to provide you with the specialised service you have requested and/or purchased, you are required to disclosure all information required and/or requested by your mentor/consultant in full in order for Upstart Entrepreneur to fulfil their obligation to you.

You understand that failure to provide accurate, timely and relevant information to your mentor/consultant, may result in their inability to provide you with the specialised service you are requesting as per your expectations or as per the project deliverables.  Upstart Entrepreneur and your mentor/consultant accepts no liability for you providing inaccurate, irrelevant or untimely information.

Any information you disclose to or receive from your mentor/consultant is covered under the Confidentiality and Non-Disclosure clauses of our Mentorship agreement.

SECTION 8 – DISPUTES

In the event of any dispute, initiated either by yourself or your Mentor, details of such dispute must be emailed to hello@upstart-entrepreneur.com and marked for the attention of the CEO.

Both parties commit to resolving any dispute arising within 7 (seven) days of logging such dispute in writing.

In the event that neither party comes to an agreement, the aggrieved party may at their discretion refer the matter for arbitration, with an arbitrator located in Johannesburg North, Gauteng, South Africa.

Failing resolution at an arbitrator, the aggrieved party may initiate legal actions against the other party at a court located in Johannesburg North, Gauteng, South Africa.

SECTION 9 – PAYMENTS

All payments for specialised services are made in in lieu of Specialised Services to be received, and unless otherwise agreed in writing no payment arrangements are allowed or accepted.

In the event that a payment fails authorisation or processing for whatever reason, you will still be liable for the outstanding amount.

We reserve the right to put any and all projects on hold until payment has been authorised and processed.

In the event that you do not make payment on or by the due date, or have payment terms in place and have not paid by the due date/s, we reserve the right to restrict your access to any system, intellectual property, documents, resources, graphics, services, structures, strategies, tools, etc that you may be using that have been designed and/or created by us, as well as reserve the right to remove such in the event of non-payment.  In such event, you agree and understand that you may no longer utilize such systems, intellectual property, documents, resources, graphics, services, structures, strategies, tools, etc in any way, whether online or offline, and will be required to remove such from any of your systems and/or storage devices. You may receive access to such again once payment has been made of any outstanding amount, however we do not accept responsibility for reimplementing any such systems, intellectual property, documents, resources, graphics, services, structures, strategies, tools, etc and do not accept liability for any affect the removing of such systems, intellectual property, documents, resources, graphics, services, structures, strategies, tools, etc might have on your business and your ability to run effectively.  Reimplementation could result in additional costs, at your mentor/consultants discretion.

In the event of reoccurring billing, where you are required to pay monthly, you are required to ensure that sufficient funds are in your account at the scheduled reoccurrence date to cover your Specialised Service and/or project fees.

SECTION 10 – REOCCURING SUBSCRIPTIONS

You understand that all monthly Specialised Services are subscription services and will renew automatically at the end of the specified period, and that you were be billed for the next period automatically.

You have the option to cancel any reoccurrence of the package at any time by emailing your mentor/consultant by giving one (1) calendar month notice in writing.

In the event that a payment fails authorisation or processing for whatever reason, you will still be liable for the outstanding subscription amount.

SECTION 11 – REFUNDS

Please review our Refund Policy for details on refunds.

SECTION 12 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Specialized Services Policy, or any other related policy on our website, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Mentorship Services (or any part thereof).

SECTION 13 – LIMITATION OF LIABILITY

In no case shall Upstart Entrepreneur, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Mentorship Services, or for any other claim related in any way to your use of the Mentorship Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Mentorship Services or any content, or Mentorship Services posted, transmitted, or otherwise made available via the website, even if advised of their possibility.

Because some countries and states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – CONFIDENTIALITY

All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, is considered and hereunto referred to as Confidential Information.

All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, that is within the public domain, is not considered Confidential Information.

Both parties are forbidden from disclosing any confidential information, whether directly or indirectly, to any person/entity outside of this agreement, without written approval from the owner of such confidential information.

Both parties agree not to disclose, publish, utilize, employ, exploit or in any other manner whatsoever use the confidential information, without prior written consent from the owner of such information.

Both parties acknowledge that by sharing confidential information without written permission in any form whatsoever may result in the other party holding such party in breach liable for any loss, action, expense, claim, harm or damage as a result of their actions.

Both parties accept full responsibility for any confidential information in their possession and takes all reasonable precautions to protect such confidential information.

Both parties acknowledge that they are required to let all other parties know immediately of any breach or suspected reach of confidential information, either by themselves, or others they are aware of.

Upon termination of this agreement, by whatever means, both parties will return all confidential information in their possession, in whatever form it may be, to the owners of such confidential information, and ensure that no copies are kept.

You understand that a certain amount of information is kept by Upstart Entrepreneurs for record purposes relating to the mentorship.

Both parties are aware that any breach of the confidentiality clauses in this agreement will be viewed as a serious act, warranting in some cases criminal action, and that the aggrieved party may pursue legal remedies to prevent any breach, or claim compensation in relation to such breach.

Both parties are restricted from sharing confidential information indefinitely.

All employees, managers, directors, shareholders, consultants, and officers, including any partners or associates of either party involved in the mentorship, directly or indirectly, are subject to the same terms and conditions of the confidentiality clauses in this agreement.

SECTION 15 – INTELLECTUAL PROPERTY

You are aware that you will be presented, in some cases, with the intellectual property of Upstart Entrepreneur, and that it is considered confidential information as per the confidentiality clauses of this agreement.

You may at no time plagiarise, steal, use, share, borrow, attempt to patent or copy write, any confidential information shared with you during course of your mentorship, and after, without express written permission from Upstart Entrepreneur.

SECTION 16 – SOLICITATION

Neither party may solicit or attempt to solicit any staff from the other party, either directly or indirectly, and can be held liable for costs in such cases at the discretion of the aggrieved party.